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Min CC 12/14/2004 REGULAR CITE' COUNCIL MEETING CIBOLO MUNICIPAL BUILDING 200 S.MAIN December 14,2004. 7:00 P.M. MINUTES 1. Call to Order—Mayor Ruppert called the meeting to order at 7:29 P.M. 2. Roll Call—All members of council were present. 3. Invocation—Councilman Campbell gave the invocation. 4. Pledge of Allegiance—Mayor Ruppert led the Pledge of Allegiance. 5. Citizens to be Heard-This is the opportunity for visitors and guests to address the City Council on any issue. City Council may not discuss any non-agenda issue,nor may any action be taken on any non-agenda issue at this time. (Attorney General Opinion—JC=0169) (Limit of three minutes each) Janie Salina—Spoke concerning item 8A. John Burgess—Spoke concerning the speed limit in Buffalo Crossing and the need for Speed Limit signs. 6. Consent Agenda-Consent Items(General Items) (All items listed below are considered to be routine and non-controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a Council member so requests,in which case the item will be removed from the consent agenda and will be considered as part of the order of business.) A. Approval of the Minutes of the City Council Meeting on November 9,2004. B. Approval of the Minutes of the Special City Council Meeting on November 17,2004. C. Approval of the Minutes of the City Council Public Hearing on November 23,2004. D. Approval of the Minutes of the City Council Meeting on November 23,2004. E. Acceptance of resignation of Annette Hernandez from the Planning and Zoning Commission. F. Approval of a Bond from Continental Homes for Falcon Ridge,Unit 8 in the amount of$75,986.00. G. Approval of check registers for November 2004. Councilwoman Gray made the motion to approve the consent agenda items. Seconded by Councilman Campbell. For:All,Against: None. 7. Discussion/Action—Development/Builder Items. A. Approval/Disapproval of the rezoning(from R-2 to C-1)request from Lon, Claudia and Kevin Wright for a 31.572 acre tract situated in the Gustavo's Bunson Survey,Abstract No 72 out of a 206.8 acre tract conveyed to Theodore F. Schmidt in Volume 232,page 82 of the Deed Records of Guadalupe County,Texas Planning and Zoning recommended disapproval. Councilman Sutton made the motion to disapprove the rezoning request. Seconded by Councilwoman Hartman. For:All,Against: None. B. Approval/Disapproval of the preliminary plat for Stonebrook.(P&Z recommended approval with conditions) Councilman Sutton made the motion to approve the preliminary plat with the conditions recommended by staff's letter dated 12-9-04 and Rudy Klein's letter dated 12-13-04. Seconded by Councilman Troncoso. For:All,Against: None. 8. Discussion/Action(General) A. Approval/Disapproval of a appeal of November Utility Bill for Ms.Janie Salinas Councilwoman Hartman made the motion to table item till the 1-11-05 meeting to allow time for staff to investigate the bill further. Seconded by Councilman Sutton. For:All,Against: None. B. Approval/Disapproval of a Development Agreement between Greenbrook and the City of Cibolo. Councilman Campbell made the motion to approve the development agreement with recommended changes. Seconded by Councilwoman Hartman. For:All,Against: None. C. Approval/Disapproval of the annexation of Wiederstein and Old Wiederstein by the City of Schertz. Councilman Campbell made the motion to direct staff to get a cost analysis on obtaining Wiederstein Road and to continue with negotiations with the City of Schertz. Seconded by Councilman Sutton. D. Approval/Disapproval of the appointment to the Parks Board to fill existing vacancies. (Diane Davis was appointed to the Planning and Zoning Commission). Councilwoman Gray made the motion to appoint Kenneth Rogers to the Parks Commission. Seconded by Councilwoman Hartman. For:All,Against: None. E. Approval/Disapproval of the appointment to the Planning and Zoning to fill existing vacancy. (Annette Hernandez resigned) Councilwoman Gray made the motion to appoint Kenneth Kremenak to the Planning and Zoning Commission. Seconded by Councilwoman Hartman. For:All,Against: None. F. Approval/Disapproval of entering into a contract with Unifirst, city uniforms. Staff recommended item being pulled. Councilman Sutton made the motion to table item indefinitely. Seconded by Councilwoman Hartman. For:All,Against: None. G. Approval/Disapproval of entering into a contract with Espey Consultant for design standards. Councilman Sutton made the motion to approve the contract with Espey consultants in the amount of $12,680. Seconded by Councilman Campbell. For:All,Against: None. H. Approval/Disapproval of accepting the petition for the tax freeze. Councilman Sutton made the motion to disapprove the accepting of the petition for the tax freeze. Seconded by Councilwoman Hartman. For:All,Against: None. 9. Resolutions A. Approval/Disapproval of a resolution on the Police Department's Investigative and Patrol Equipment Program be operated for the 2005-06 year. Councilwoman Gray made the motion to approve the resolution. Seconded by Councilwoman Hartman. For:All,Against: None. B. Approval/Disapproval of a resolution calling for a public hearing for proposed rezoning,from R-1 to C- 1R,for a tract of land being 27.069 acres of land out of the Mathias Lindenburg Survey,Abstract No. 215, Guadalupe County,Texas, and the Trinidad Garcia Survey No. 94,Abstract No. 137, Guadalupe County, Texas,and being out of and a part of a 315 acre tract as conveyed by Deed from Hugo O.Borgfeld and Irma L.Borgfeld to grandson Lewis C.Borgfeld,executed on May 31, 1968,and recorded in Volume 409,Pages 436-438 of the Deed Records of Guadalupe County,Texas. (Mr.Lewis C.Borgfeld Property) Councilman Sutton made the motion to approve the resolution setting the date and time of 1-11-04 at 6:45 and 11-25-04 at 6:30 for the Public Hearings. Seconded by Councilwoman Gray. For:All,Against: None. C. Approval/Disapproval of a resolution calling for a public hearing for proposed rezoning,from R-1 to R- CB,for a tract of land being 160.730 acres of land out of the Mathias Lindenburg Survey,Abstract No.215, Guadalupe County,Texas,and the Trinidad Garcia Survey No. 94,Abstract No. 137,Guadalupe County, Texas,and being out of and a part of a 315 acre tract as conveyed by Deed from Hugo O.Borgfeld and Irma L.Borgfeld to grandson Lewis C.Borgfeld,executed on May 31, 1968, and recorded in Volume 409,Pages 436-438 of the Deed Records of Guadalupe County,Texas. (Mr.Lewis C.Borgfeld Property) Councilman Campbell made the motion to approve the resolution setting the date and time of 1-11-04 at 6:45 and 11-25-04 at 6:30 for the Public Hearings. Seconded by Councilman Troncoso. For: All,Against:None. D. Approval/Disapproval of a resolution calling for a public hearing for proposed Annexation and R-2 Zoning for a tract of land being 17.875 acres of land out of the Trinidad Garcia Survey No.94,Abstract No. 137,Guadalupe County,Texas,and being out of and a part of a 20.000 acre tract as conveyed by Warranty Deed from Shelby J.Harris,Trustee to Jake R.Wells,Jr.and wife Nancy C.Wells,and executed on June 15, 1976 and recorded in Volume 519,Pages 264-267 of the Deed Records of Guadalupe County,Texas. (Mr. Jake Wells Property) Councilwoman Gray made the motion to approve the resolution setting the date and time of 1-11-04 at 6:45 and 11-25-04 at 6:30 for the Public Hearings. Seconded by Councilman Campbell. For:All,Against: None. 10. Discussion Only Update regarding an industrial prospect. Todd Parton gave the council an update on a industrial prospect. Currently preparing a response for the prospect. 11. Ordinance Approval/Disapproval of an ordinance amending the Zoning Ordinance#609 to include a definition of lot coverage. Councilman Sutton made the motion to table item till the 1-11-05 meeting an to direct staff to work on definition. Seconded by Councilman Troncoso. For:All,Against: None. 12.Executive Session: Pursuant to LGC Section 551.071,Consultation with Attorney and Pending and contemplated Litigation to discuss the following: Council went into executive session at 10: 18 P.M. A. Discussion on the City of Santa Clara incorporation of portions of the City of Cibolo ETJ without the approval of the City of Cibolo;possible remedies including litigation and City of Santa Clara versus City of Cibolo,Cause No 04-1715-CV. B. Discussion of the demand for retainage by ELLA Contracting on the sewer line contract; disputed claims and negotiations. 13. Open Session Council reconvened at 10:33 P.M. A. Discussion/Action on the City of Santa Clara incorporation of portions of the City of Cibolo ETJ without the approval of the City of Cibolo;possible remedies including litigation and City of Santa Clara versus City of Cibolo,Cause No 04-1715-CV. No action was taken. B. Discussion/Action on the demand for retainage by ELLA Contracting on the sewer line contract;disputed claims and negotiations. No action was taken. 14. Comments A. City Staff—Gave council a document giving status of current projects. Introduced Bud Dailey,new chief builder inspector. Provided council with a detail monthly report from the police department. B. Commissioners—None. C. City Council Councilman Campbell—Commented about the damage to the spinker system during the installation of the sidewalk in the Trails of Deer Creek. Councilwoman Hartman—Commented about the patching of Borgfeld and the future of this road. Councilwoman Gray—Asked about getting a resolution on the next agenda calling for a public hearing to get Stonebrook annexed. Commented about the sidewalks in the city. Asked about the waster rescue in Deer Creek. Councilman Troncoso—Spoke about the sidewalks and drainage in the new subdivisions. Asked about the status of the city web page. Wished everyone a happy holiday. Councilman Sutton—commented about the sidewalk and the telephone pole,Borgfeld Road. Stated that he was happy about the rezoning request. Gave a CRWA update. D. Mayor—None. 15. Adjournment Councilman Campbell made the motion to adjourn at 10:53 P.M. Seconded by Councilman Sutton. For:All, Against: None. PASSED AND APPROVED THIS 11TH DAY OF JANUARY 2005. 40wvt"' Charles Ruppert Mayor ATTEST: onne r Pin ty Secretary